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CACC000438A/2002
CACC 438/2002
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CRIMINAL APPEAL NO. 438 OF 2002
(ON APPEAL FROM HCCC 219 AND 259 OF 2001)
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HKSAR |
Respondent |
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AND |
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CHAN KWONG YEE (陳廣儀) (D1) |
Applicants |
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YIU YIU NAM, TOM (姚耀南) (D2) |
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Coram: Hon Stuart-Moore VP, Woo VP and Lunn J
Date of Hearing: 23 July 2004
Date of Judgment: 23 July 2004
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J U D G M E N T
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Stuart-Moore, VP (giving the judgment of the Court):
1. The applicants applied on separate grounds, pursuant to section 32(2) of the Court of Final Appeal Ordinance, Cap. 484, for certificates that the decision of this court on 28 May 2004 involved points of law of great and general importance.
2. The 2nd applicant (Mr Yiu), who was unrepresented in these proceedings, adopted the arguments advanced by Mr Y.C. Yeung on the 1st applicant's behalf. Additionally, he addressed this court in argument which added nothing to his written submissions.
3. In our opinion, the applications are mistakenly brought before this court. Each of these applications relied on an evidential foundation and the points which were raised appear to be case specific. If, as it seems, it is really being submitted that a substantial and grave injustice is shown, these applications should have been made directly to the Court of Final Appeal and not to this court.
4. These applications are refused and we decline, therefore, to certify.
| (M. Stuart-Moore) |
(K.H. Woo) |
(Michael Lunn) |
| Vice-President |
Vice-President |
Judge of the |
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Court of First Instance |
Representation:
Mr Peter Callaghan, counsel on fiat for the Department of Justice, for the Respondent.
Mr Y.C. Yeung, instructed by Messrs Christine M. Koo & Ip, for D1/Applicant.
D2/Applicant in person.
Remarks: Appeal by the applicants to Court of Final Appeal. Appeal dismissed. Please refer to FAMC42/2004
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